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" the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. "
A Law Dictionary of Words, Terms, Abbreviations and Phrases which are ... - Σελίδα 391
των James Arthur Ballentine - 1916 - 632 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The American State Reports: Containing the Cases of General Value ..., Τόμος 26

Abraham Clark Freeman - 1892
...Am. St. Rep. 322. Probable cause is " the existence of snch facts and circumstances as would excite belief in a reasonable mind, acting on the facts within...knowledge of the prosecutor, that the person charged waa guilty of the offense for which he was prosecuted ": Dempsey v. State, 27 Tex. App. 269; 11 Am....

The New York Supplement

1896
...action to recover for personal Injuries, except libel, slander, criminal conversation, or seduction. excite the belief in a reasonable mind, acting on...was guilty of the crime for which he was prosecuted. Id. p. 24. False imprisonment is the unlawful restraint of a person contrary to his will, either with...

A Manual of Elementary Law: Being a Summary of the Well-settled Elementary ...

William Pinckney Fishback - 1896 - 467 σελίδες
...evidence of malice. § 300. Want of probable cause. — Probable cause is the apparent existence of such facts and circumstances as would excite the belief in a reasonable mind that the person charged is guilty. It is essential that the prosecutor shall have entertained an honest...

The Northwestern Reporter, Τόμος 71

1897
...cause." 14 Am. & Eng. Ene. Law, 64. In the same book it Is stated: "Probable cause is the existence of such facts and circumstances as would excite the belief...was guilty of the crime for which he was prosecuted. Such facts and circumstances must not only exist, but the defendant must have believed in the guilt...

Reports of Cases Argued and Determined in the Supreme ..., Τόμος 48,Μέρος 1

Louisiana. Supreme Court - 1897
...be vindicated. 22 Town of Thlbodaux vs. Constantlu & Bragard. Probable cause means the existence of such facts and circumstances as would excite the belief in a reasonable mind that the plaintiff was guilty of the offence for which he was prosecuted. Rumors are not, but the representation...

Wisconsin Reports, Τόμος 96

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1898
...Am. ifc Eng. Ency. of Law, 64. In the same book it is stated: fi Probable cause is the existence of such facts and circumstances as would excite the belief...was guilty of the crime for which he was prosecuted. Such facts and circumstances must not only exist, but the defendant must have believed in the guilt...

Digest

John Bassett Moore - 1898
...of should be made to appear. Was there want of probable cause ? Probable cause is the existence of such facts and circumstances as would excite the belief...prosecutor, that the person charged was guilty of the offense. Were not the facts and circumstances disclosed in the memorial calculated to excite the belief,...

The Southern Reporter, Τόμος 25

1899
...prosecute." Id. § 455. The supreme court in an early case defined probable cause as being "the existence of such facts and circumstances as would excite the belief...guilty of the crime for which he was prosecuted." Wheeler v. Nesbitt. 24 How. 544. And in the same case the court slated the want of probable cause thus:...

A Treatise on State and Federal Control of Persons and Property in ..., Τόμος 1

Christopher Gustavus Tiedeman - 1900
...Supreme Court of the United States, is " the existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the facts within...guilty of the crime, for which he was prosecuted." a The want of probable cause cannot be inferred; it must be proven affirmatively and independently...

Notes on the united states reports, Τόμος 6

1900
...by plaintiff, pp. 549, 551. Malicious prosecution.— Probable cause is the existence of such facts as would excite the belief, in a reasonable mind,...prosecutor, that the person charged was guilty of the crime, pp. 551, 552. Cited with approval and principle applied in Ex parte Morrill. 13 Sawy. 331, 35 Fed....




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